(1.) THE appellant secured a State Government employment in the post of police constable. While he was a probationer in the said employment, a warrant of arrest was issued against him alleging that he, then a Central Government employee in his capacity as a constable in the Central Reserve Police Force, had deserted his force. This resulted in bringing to an end the probation of the appellant in his State Government employment in the capacity of police constable. That was the subject matter of challenge in the writ petition. The writ petition having been dismissed, the appellant is before us.
(2.) IT is the contention of the appellant that the order terminating his service contains stigma and inasmuch as the said order had not been passed upon giving an opportunity of hearing to the appellant or by taking recourse to a disciplinary proceeding, the order is invalid.
(3.) HOWEVER , it is necessary, in the facts and circumstances of the admitted case, to ascertain whether the statements made in the order terminating probation can be said to be aspersions against probationer or not. In the instant case, the word "dishonest" has been used in the order bringing to an end the probation of the appellant. It had been alleged in the order terminating the probation of the appellant that he obtained the employment in the State Government by adopting dishonest means. At the same time the order clearly holds out that said dishonesty is suppression by the Kameshwar Prasad Sharma,Ranjit Singh Versus Maya Devi,State Of Bihar appellant of the fact that at the time he obtained the employment in the State Government, he was a Central Government employee. The fact that the appellant was a Central Government employee as on the date he obtained the employment in the State Government is not in dispute. That being the situation, mere use of the word "dishonesty" or the words "dishonest means" in the order terminating probation of the appellant, can not be said to be attachment of any aspersion or stigma against the appellant, the same, being the logical conclusion of the said known facts.